I'm gonna have to turn it down.What cards are left for the president of Yoon Suk Yeol?

■ Host: anchor Lee Jung-seop, anchor Kim Jung-jin
■ Appearance: lawyer Son Jung-hye

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN News Special] when quoting.

[Anchor]
The arrest suit filed by the president of Yoon Suk Yeol was rejected by the court.

[Anchor]
Today, we will do a legal analysis with lawyer Son Jung-hye. Welcome.

[Anchor]
The arrest suit has been dismissed, so can you explain the judgment of the court first?

[Son Jeong-hye]
The judge for the arrest suit has decided to dismiss the application for the arrest suit as not only valid but also legal. Since the arrest suit is a procedure for judging illegality, it can only be interpreted as a conclusion that there is no illegality in the arrest warrant and no injustice in relation to the arrest.

Regarding the controversy over the subject of the investigation and the jurisdiction of the investigation, which was mentioned as a claim of arrest, it should be considered that the court once again judged it to be legitimate, especially from the Central District Court.

[Anchor]
The president does not have the right to investigate rebellion at the Senior Civil Servant Corruption Investigations Unit. And the Western District Court is not a jurisdiction court. I've been continuously raising objections to the jurisdiction court issue, but should I say that President Yoon's decision to dismiss it has lost his strength?

[Son Jung-hye]
I think I lost my strength. Since there is room for interpretation that raising jurisdiction issues in this way ignores the court's decision and does not respect order, it should be evaluated that the jurisdiction issue has been ended to some extent by the decision of arresting. Even before, the court judged that an arrest warrant was a judge's decision, and despite the fact that it was a warrant legally issued by the Western District Court through three judges, it is illegal, continuing to claim that it was received by the Western District Court.

[Anchor]
Is there any way to object or respond to the results of the arrest suit? For example, do you have an appeal or something like this?

[Son Jeong-hye]
There is no appeal procedure for now. In particular, since arresting is a dispute over the validity of an arrest warrant, if it exceeds today's time, it is not an arrest warrant, so there is little practical benefit to argue, and there is no way to argue.

[Anchor]
I see. It took another time for the arrest suit hearing to proceed. The investigation records have also been handed over and come back to the Senior Civil Servant Corruption Investigations Unit, and these times usually have a 48-hour arrest deadline, does this reflect that? Since the

[Son Jeong-hye]
Act clearly stipulates that the investigation period is suspended, the clock of the investigation procedure is suspended until the time the records are sent. So, the arrest judge must return the investigation records, and the arrest time is calculated again from then on, so if the records are not reached at this point, 48 hours will be suspended, and the deadline for requesting an arrest warrant may increase by tonight.

[Anchor]
Currently, President Yoon's side continues to maintain that there is nothing more to be investigated because he fully stated his position yesterday, but further investigation was notified at 10 a.m. today. Do you think President Yoon will respond?

[Son Jung-hye]
It seems very likely that you will not comply. Not only is it already uncooperative in the investigation process, but I think it would be very difficult to expect that the investigation will be carried out cooperatively by beating the claim that the Senior Civil Servant Corruption Investigations Unit was considered illegal. As such, I will not cooperate or respond in light of various processes that do not go even at 2 o'clock after notifying me of my absence for health reasons yesterday.

And because the willingness to talk through the courts is strongly read, I wonder if the investigative agency will eventually have a choice of forced inches or prosecution right away. Forced inches may have security or public opinion problems, so there is a possibility of visiting and investigating, but for now, it is interpreted as a situation where there is a very high possibility of refusing to state even if a visit survey is conducted.

[Anchor]
President Yoon is continuing to exercise his right to refuse to make statements and has refused to sign the record. Then, there is no additional investigation right now, and if we request an arrest warrant without a record, how should we prove the charges in the future?

[Son Jung-hye]
Even without the president's statement, major charges and facts on various parts have already been investigated and related evidence has been secured. As such, it seems that the investigative agency has secured evidence that can explain the crime until the arrest warrant stage.

Since much of the investigation into accomplices has already been carried out and has reached the prosecution stage, the statements of accomplices, known CCTV, and videos of martial law on that day can be explained even if the president does not make any specific statements, it would be reasonable to see it like this.

Therefore, even in the case of those who are currently being arrested and tried by the Central District Court, it should be regarded as an emergency arrest or an arrest warrant issued without exception.

[Anchor]
If so, what will happen to the competent court whether to go to the Western District Court or the Central District Court when requesting an arrest warrant?

[Son Jung-hye]
The jurisdiction court seems likely to be charged to the Western District Court of the investigative agency's choice in the first place. The head of the Senior Civil Servant Corruption Investigations Unit has already spoken about his position and there are no other special circumstances to reverse that position. When an investigative agency has multiple jurisdictions, the investigative agency can choose the jurisdiction at its discretion, and in general, the suspect's address is often the jurisdiction, so there is no practical benefit to change the court from which the arrest warrant was issued to the central district court, and if so, it may be an excuse to change the court's jurisdiction as the suspect claims, and it is a reasonable procedure to request an arrest warrant from the Western District Court, especially because it has been recognized as having jurisdiction in the Western District Court.

[Anchor]
If it is observed by the Western District Court, then isn't there a possibility that President Yoon's side will file a claim against him again if it is issued?

[Son Jung-hye]
It looks like a very high possibility. Looking at the series of actions so far, there is a possibility that all the measures that can be taken and legal arguments can be made. For example, since we are choosing everything from objections to appeals to legal disputes, we can apply for suspension of execution after arrest, apply for bail, and lawyers are very likely to claim and apply for all necessary or helpful procedures for the president in each procedure, so I think we will move now even if an arrest warrant is issued.

[Anchor]
What do you think about the possibility of President Yoon continuing to exercise his right to remain silent in the process, or of changing this strategy?

[Son Jung-hye]
The attitude of not making a statement regarding the subject of the illegal investigation is clearly read because there was a part in which the Senior Civil Servant Corruption Investigations Unit was not recognized as the subject of the investigation, so this attitude is expected to be maintained. Then, will the records of the Senior Civil Servant Corruption Investigations Unit be transferred to the prosecution, and will the prosecution exercise the right to refuse to make a statement even when the prosecution conducts an investigation? I think that's still on hold.

However, it seems very difficult to rule out the possibility of not making a detailed statement to investigative agencies as they have already said they will make a statement through the court through lawyers, but it is difficult to rule out the possibility that the prosecution will change its attitude to actively participate in the investigation if the president is a former prosecutor and has some trust and respect for the prosecution organization.

[Anchor]
If the request for an arrest warrant is made today, a substantive examination will be held. The possibility of President Yoon attending in person, what do you think?

[Son Jung-hye]
There was a story that the lawyers confirmed that they would appear in the actual examination of the arrest warrant. He said he would attend and clarify his position if the warrant was a legitimate warrant, but as you saw yesterday, his intention was delivered to the effect that an arrest suit would also attend, but he did not attend.

He expressed his intention to attend the hearing on the Constitutional Court, but it did not happen. Binding pride, likewise, can be very likely not to attend. It is very likely that the results will not change much even if the suspect attends and expresses his or her opinion or interrogates him, and if the president attended and expressed his or her opinion, but if the opinion is not respected and the warrant is issued, the political burden must be considered.

At present, it seems difficult to rule out the possibility of considering that part because it is a status that must be moved from a detention center.

[Anchor]
How do you think the process of President Yoon's continued refusal to make statements or refusal to comply with the investigation will affect the future detention examination or trial process? What's the situation?

[Son Jung-hye]
It's going to have a negative impact. First, he initially said he would not avoid investigative procedures and legal procedures through public conversation, but he avoided them, delayed them, and unfairly resisted arrest warrants. Furthermore, since the security service employees are on the verge of being punished for obstructing the execution of special public affairs, there is a possibility that this procedure itself may be read as an attitude that there is no sense of compliance, no intention to cooperate with the investigation process, and no respect for the constitutional order.

In particular, the court's least favorite thing is not to respect the court's authority, and he did not hesitate to argue that the arrest warrant issued by the court was illegal as if the suspect were the judge.

In this regard, the court has no choice but to interpret the court's actions as not reflecting on the sentencing because it is not only helpful to the judicial order but also disturbs the authority of the judiciary by citing political tendencies, for example, in the off-the-shelf war, but it is still in the early stages of the investigation.

Depending on the attitude during the investigation and at the trial stage, there is room for change when various facts are accumulated as important data for sentencing.

[Anchor]
You pointed out the suspect's attitude, but if an arrest warrant is issued, he is currently detained in Seoul Detention Center. If I keep doing that, is it still there even if it's issued?

[Son Jung-hye]
I'm in the Seoul Detention Center now, so I don't think I'll be transferred to Dongbu or another detention center separately. The Seoul Detention Center will be in charge. This is because there is a high possibility that the Central District Prosecutors' Office will prosecute and be tried in the Central District Court. In that case, everyone goes to the Seoul Detention Center.

However, it seems that he is currently living in the living room of the suspect, but when an arrest warrant is issued, the status of the suspect is changed to an arrested suspect, so he is moved to another room. Therefore, if an arrest warrant is executed, it will be a little different from the current situation.

[Anchor]
We will continue after delivering the breaking news that just came in, but this is what the Senior Civil Servant Corruption Investigations Unit revealed. It means that the submission of the arrest suit was returned at 0:35 a.m. So, I think the investigation materials that were submitted to the court at 0:35 after midnight today were returned. Then, it seems that the arrest deadline will increase by calculating this time.

Since the arrest was made at around 10:33 the day before yesterday, he could have been released in the morning in 48 hours as usual, but this was added now, so maybe in the evening or at night, as scheduled.

[Son Jeonghye]
At least until the evening, the deadline for requesting an arrest warrant has increased in relation to the arrest of the Senior Civil Servant Corruption Investigations Unit. It is expected that an arrest warrant will be requested in the afternoon because it is usually done stably within a few hours rather than just before.

[Anchor]
First of all, there are many observations that they will probably not comply with today's attendance survey, so unless they come, they will likely go through the procedure of requesting an arrest warrant. Then, how long is the maximum period of arrest?

[Son Jung-hye]
According to the Criminal Procedure Act, the arrest period is 10 days, and if necessary, it can be extended once, so the investigation period is usually up to 20 days. Prior to this, the prosecution and the Senior Civil Servant Corruption Investigations Unit have already coordinated the investigation period with the Senior Civil Servant Corruption Investigations Unit on the 10th and the prosecution on the 10th. This is only a consultation process, and the Senior Civil Servant Corruption Investigations Unit has no practical benefit while investigating during the investigation period. If the president refuses to make a statement anyway and the attitude of not recognizing the Senior Civil Servant Corruption Investigations Unit as the subject of the investigation is consistent, it is difficult to rule out the possibility of sending it to the prosecution within 10 days earlier than the 10th.

One variable is whether the independent counsel is ready because the independent counsel law is passed effectively for 20 days, but since it is difficult to rule out the possibility that the independent counsel will not take effect and be formed properly, I think the investigative agency will try harder to find one more evidence and secure one more statement in that time given the 20-day investigation period.

Currently, there are some parts of the investigation related to the president that have not been properly conducted. For example, we have not been able to obtain evidence on mobile phones or non-phones around the president, but in particular, there are aspects that have not been seized and searched because of the approval of the security agency.

I think we should also look at that part to see if objective evidence can be secured through additional seizure and search within this period.

[Anchor]
You also mentioned the future evidence you mentioned, the non-Phone, so should the police apply for a fourth search warrant and proceed with that part?

[Son Jung-hye]
If necessary, it is necessary to continue the search and seizure. However, the search and seizure warrant for the official residence was initially dismissed and then issued, but returned without the approval of the security service, and for now, there seems to be a lot of changes in the security service.

As a clear warning message has been delivered that refusing such a legitimate arrest warrant and search warrant without justifiable reasons could lead to legal liability, the security service could continue to search for additional evidence because if it does not cooperate with the investigation necessary for the president to proceed or does not give evidence through a very limited list of evidence.

[Anchor]
Let's also talk about the deputy head of the security service. So, a summons is scheduled for Deputy Chief Kim Sung-hoon today. Do you think you're going to secure a recruit?

[Son Jung-hye]
[Son Jung-hye]
Since we believe that there is a serious responsibility to issue an arrest warrant, whether or not to go to an arrest warrant through a summons investigation is expected to be a very important factor.

Not only is obstruction of the execution of special public affairs a very important crime, but the first and second repetitions were made, and especially for the part that repeatedly and illegally ordered subordinates, the Senior Civil Servant Corruption Investigations Unit cannot help but hold this responsibility, especially for preventing recurrence, and there is a concern that the security agency will issue an unfair order regarding the president's security without reasonable standards in the future. In this case, even though there is sufficient evidence of the crime, if you do not confess and the possibility of destroying evidence remains, you can go to the stage of issuing a warrant.

[Anchor]
Key figures related to the military have been prosecuted anyway, and we are interested in how much the scope of the investigation will be expanded in the future, so is there a possibility that it will be expanded to the key staff of the presidential office?

[Son Jung-hye]
There is a possibility. However, for now, major participants of accomplices are organized to some extent. Therefore, if additional circumstances of the president's planning and active involvement of the presidential office, such as senior secretaries, administrators, and working-level officials, are revealed in the process of additional statements or evidence investigation, especially in relation to the president's movements, a recall investigation can be initiated through additional charges, but not many people have been revealed so far, and those involved are not expected to be widely identified because there are parts that have already been investigated by the prosecution and have been subject to investigation. I think they will focus on investigating the president.

[Anchor]
Let's also talk about the process of public pleading for the impeachment trial. It seems that the defense has begun in earnest, but six witnesses have been adopted and even the 8th defense has been designated. It seems that you are speeding up a little bit, so please point out each situation and explain in detail what these things mean.

[Son Jung-hye]
Yesterday was the 2nd day of pleading. In fact, the first important arguments were made at the hearing date, so you should look at it like this. Yesterday, it took considerably longer than the first time to sort out the issues and share opinions on the investigation of evidence and the adoption of evidence. First of all, the issue has been sorted out.

Five main facts, including violations of martial law, blockades of the National Assembly, blockades related to the NEC, arrest issues, and arrests of incumbent judges, are summarized. In relation to the investigation of evidence, the opinion of the large evidence and its adoption have also been decided.

So the big stem is that the Constitutional Court has organized all of them. Furthermore, the date of the witness examination for each witness has been set, and the summons schedule for major witness applications has been completed, so in a big way, the main issues and what to do with the evidence of the Constitutional Court judges have been sorted out.

Some opinions on the application of witnesses and some on the investigation of evidence were asked to be reviewed after submitting a document or to review it today, especially regarding when to call former Minister Kim Yong-hyun, and it should be considered that most of the big stories have been decided, leaving only the timing and contents of some evidence to be adopted.

In connection with this, lawyers have appealed that they do not have enough time, but the court does not accept the claim after several meetings. Therefore, the decision was made yesterday to quickly conduct a trial according to the additional designated procedure and the collectively designated pleading procedure.

[Anchor]
The request for postponement of the pleading date has not been accepted. We will tell you the addition of the breaking news we delivered earlier. The Senior Civil Servant Corruption Investigations Unit said earlier that the submission of the arrest suit was returned at 0:35, increasing the deadline for arrest to 21:05. So it's been increased to 9:05 p.m.

So I heard that the Senior Civil Servant Corruption Investigations Unit plans to request an arrest warrant before the arrest deadline. So you're going to ask for an arrest warrant by 9:05?

[Son Jung-hye]
In this case, the investigative agency usually prepares all the arrest warrant claims. You should see that all the documents for the records and investigation data are already complete, and you are preparing to submit them at any time. What's left is whether to attach the investigation record through the investigation at 10 o'clock because the summons was notified at 10 o'clock today, or only that part is left, so I notified the summons at 10 o'clock, but if I don't attend at 10 o'clock, there is a possibility that I will give a considerable amount of time to wait or visit and investigate.

If it is not possible to watch the part until the afternoon, it is expected to file an investigation report that it did not respond to the summons notice and submit this evidence to the court to seek an arrest warrant, and since the crime stated in the arrest warrant request is likely to be written mostly similar to the contents of former Minister Kim Yong-hyun's indictment, there is a possibility that the warrant request and major investigation data will be handed over to the warrant judge.

[Anchor]
And to talk about the impeachment trial again, President Yoon's lawyers have grown. The number has increased to 14, but there are some very noticeable figures in which lawyer Seok Dong-hyun participates and former Constitutional Court justice participates. Can you tell me who it is?

[Son Jung-hye]
In the case of additional lawyers, for now, the top lawyer is the former prosecutor general. So, among the high-level prosecutors, an additional person close enough to be called a mentor to the president of Yoon Suk Yeol joined. In the case of lawyer Cho Dae-hyun, since he is a former constitutional judge and has participated in the impeachment trial of former President Roh Moo Hyun, he asked for additional participation because he had knowledge of the Constitutional Court's procedures or the Constitutional Court, and in this case, it is highly likely that the president's request was made to help him or to actively participate in defense.

It seems that some younger or younger lawyers are joining one after another. So, if you preached various presidential positions focusing on outside public opinion and political messages to supporters until you were arrested, you need to make legal procedures and arguments with legal rationality as your recruits have already been detained, so even if you reinforce your lawyers, you need to strengthen your lawyers in practice to keep up with the facts and the fast-paced court process.


I think we need an attorney who writes a document and an evidence lawyer who needs to look up one piece of evidence, so we need to appoint an additional lawyer for that reason. Yesterday, the lawyers insisted that all day long on witness questioning and how to prepare for the next trial, but in this case, there are several lawyers, so this team prepares this witness questioning, and this team prepares this witness questioning, and this factual relationship can be divided and prepared separately. In that sense, a large number of lawyers seem to participate.

[Anchor]
Today's deadline for President Yoon's arrest came out until 9:05 p.m., and the Senior Civil Servant Corruption Investigations Unit said it would seek an arrest warrant before the deadline for arrest. I pointed it out with lawyer Son Jeong-hye today. Thank you for talking today.